2007 Oregon Code - Chapter 2 :: Chapter 2 - Supreme Court - Court of Appeals
Chapter 2 — Supreme
Court; Court of Appeals
2007 EDITION
SUPREME COURT; COURT OF APPEALS
COURTS OF RECORD; COURT OFFICERS; JURIES
SUPREME COURT
2.010Â Â Â Â Â Â Â Â Number
of judges of Supreme Court
2.020Â Â Â Â Â Â Â Â Qualifications
of judges
2.040Â Â Â Â Â Â Â Â Position
number of judges
2.045Â Â Â Â Â Â Â Â Chief
Justice
2.100Â Â Â Â Â Â Â Â Quorum
2.111Â Â Â Â Â Â Â Â Departments
of court; sitting in departments or en banc; participation in decision of
matter
2.120Â Â Â Â Â Â Â Â Rules,
generally
2.130Â Â Â Â Â Â Â Â Rules
governing original jurisdiction
PUBLICATION OF COURT DECISIONS
2.141Â Â Â Â Â Â Â Â Filing
of court decisions
2.150Â Â Â Â Â Â Â Â Publication
and distribution of court decisions and other official documents
2.165Â Â Â Â Â Â Â Â Court
Publications Account
COURT OF APPEALS
2.510Â Â Â Â Â Â Â Â Court
of Appeals
2.516Â Â Â Â Â Â Â Â Jurisdiction
of all appeals exclusive; exceptions
2.520Â Â Â Â Â Â Â Â Procedure
for review of decisions of Court of Appeals
2.540Â Â Â Â Â Â Â Â Number
of judges of Court of Appeals; qualifications; term
2.550Â Â Â Â Â Â Â Â Chief
Judge
2.560Â Â Â Â Â Â Â Â Rules;
where court sits; appellate mediation program
2.565Â Â Â Â Â Â Â Â Appellate
Mediation Program Revolving Account
2.570Â Â Â Â Â Â Â Â Departments
of court; sitting in departments or en banc; participation in decision of
matter
2.590Â Â Â Â Â Â Â Â Expenses
for judges when away from state capital
ALTERNATIVE DISPUTE RESOLUTION
2.700Â Â Â Â Â Â Â Â Liability
of persons providing dispute resolution services
SUPREME COURT
     2.010
Number of judges of Supreme Court. The Supreme Court shall consist of seven judges.
     2.020
Qualifications of judges.
(1) The judges of the Supreme Court shall be citizens of the
     (2) All persons elected judges of the
Supreme Court must, at time of their election, have been admitted to practice
in the Supreme Court of Oregon.
     2.040
Position number of judges.
The positions of the members of the Supreme Court shall be designated by the
numbers 1 to 7, following the designation made by section 1, chapter 241, Laws
of Oregon 1929, and each incumbent shall be designated by the same position
number as the judge whom the incumbent succeeds in office.
     2.045
Chief Justice. (1) The Chief
Justice of the Supreme Court shall be a judge of the court selected by vote of
a majority of the judges of the court. The judges of the court shall endeavor
to select a judge who is well qualified to act as the administrative head of
the judicial department of government in this state.
     (2) The Chief Justice may be removed from
the office of Chief Justice by vote of a majority of the judges of the court
when the Chief Justice fails to perform adequately the functions of the office.
     (3) The term of office of the Chief
Justice is six years, commencing on the date of selection. The term of office
of the Chief Justice is not interrupted by expiration of the term of the Chief
Justice as a judge of the court if the judge is elected judge of the court for
a succeeding term. A judge may be selected as Chief Justice for successive
terms of the office of Chief Justice.
     (4) If there is a vacancy for any cause in
the office of Chief Justice, a successor Chief Justice shall be selected by
vote of a majority of the judges of the court.
     (5) The Chief Justice may designate
another judge of the court to perform the functions of the office of Chief
Justice when the Chief Justice is temporarily unable to perform those
functions. [1959 c.384 §2 (enacted in lieu of 2.050); 1981 s.s. c.1 §1]
     2.050 [Repealed by 1959 c.384 §1 (2.045 enacted in
lieu of 2.050)]
     2.052 [1959 c.44 §1; 1969 c.198 §31; repealed by
1975 c.706 §10]
     2.055 [1959 c.44 §2; repealed by 1975 c.706 §10]
     2.058 [1959 c.44 §3; 1961 c.387 §1; 1969 c.198 §32;
repealed by 1975 c.706 §10]
     2.060 [Amended by 1955 c.127 §1; repealed by 1959
c.44 §7]
     2.070 [Repealed by 1983 c.763 §9]
     2.080 [Repealed by 1979 c.55 §1]
     2.090 [Repealed by 1979 c.55 §1]
     2.100
Quorum. Subject to ORS
2.111, the presence of a majority of all the judges of the Supreme Court is
necessary for the transaction of any business, except that less than a majority
of the judges may meet and adjourn from day to day, or for the term, with the
same effect as if all the judges were present. [Amended by 1959 c.44 §6; 2003
c.14 §4]
     2.110 [Repealed by 1959 c.44 §4 (2.111 enacted in
lieu of 2.110)]
     2.111
Departments of court; sitting in departments or en banc; participation in
decision of matter. (1) In
hearing and determining causes, the Supreme Court may sit all together or in
departments.
     (2) A department shall consist of not less
than three nor more than five judges. For convenience of administration, each
department may be numbered. The Chief Justice shall from time to time designate
the number of departments and make assignments of the judges among the
departments. The Chief Justice may sit in one or more of the departments and
when so sitting may preside. The Chief Justice shall designate a judge to preside
in each department.
     (3) The majority of any department shall
consist of regularly elected and qualified judges of the Supreme Court.
     (4) The Chief Justice shall apportion the
business to the departments. Each department shall have power to hear and determine
causes and all questions which may arise therein, subject to subsection (5) of
this section. The presence of three judges is necessary to transact business in
any department, except such as may be done in chambers by any judge. The
concurrence of three judges is necessary to pronounce a judgment.
     (5) The Chief Justice or a majority of the
regularly elected and qualified judges of the Supreme Court at any time may
refer a cause to be considered en banc. When sitting en banc, the court may
include not more than two judges pro tempore of the Supreme Court. When the
court sits en banc, the concurrence of a majority of the judges participating
is necessary to pronounce a judgment, but if the judges participating are
equally divided in their views as to the judgment to be given, the decision
being reviewed shall be affirmed.
     (6) The Chief Justice may rule on motions
and issue orders in procedural matters in the Supreme Court.
     (7) A judge or judge pro tempore of the
Supreme Court may participate in the decision of the matter without
resubmission of the cause even though the judge is not present for oral
argument on the matter.
     (8) A judge or judge pro tempore of the
Supreme Court may participate in the decision of a matter without resubmission
of the cause in the following circumstances:
     (a) The judge was appointed or elected to
the Supreme Court after submission of the cause.
     (b) The judge is participating in the
decision of a cause that was submitted to a department, and the judge is
participating in lieu of a judge of the department who died, became disabled,
was disqualified or was otherwise unable to participate in the decision of a
cause submitted to the department.
     (c) The judge is considering a cause en
banc, but the judge was not part of the department that originally considered
the cause. [1959 c.44 §5 (enacted in lieu of 2.110); 1995 c.273 §24; 1999 c.659
§1]
     2.120
Rules, generally. The
Supreme Court shall have power to make and enforce all rules necessary for the
prompt and orderly dispatch of the business of the court, and the remanding of
causes to the court below.
     2.130
Rules governing original jurisdiction. The Supreme Court is empowered to prescribe and make rules governing
the conduct in that court of all causes of original jurisdiction therein.
     2.140 [Repealed by 1953 c.345 §3]
PUBLICATION
OF COURT DECISIONS
     2.141
Filing of court decisions.
The judges of the Supreme Court and Court of Appeals shall cause their
decisions to be prepared, in such number and manner as they may determine, and
delivered to the State Court Administrator. The administrator shall file a copy
of each decision in the office of the administrator and cause other copies to
be distributed as determined by the Supreme Court. [1953 c.345 §1; 1965 c.233 §2;
1967 c.398 §1; 1971 c.193 §9; 1971 c.348 §2; 1971 c.526 §1; 1973 c.781 §1; 1975
c.69 §4; 1979 c.876 §1]
     2.145 [Formerly 2.580; repealed by 1975 c.69 §8]
     2.150
Publication and distribution of court decisions and other official documents. (1) The Supreme Court shall arrange for the
publication and distribution of bound volumes of reports of decisions of the
Supreme Court and Court of Appeals, of bound volumes of reports of decisions of
the Oregon Tax Court determined to be of general public interest under ORS 305.450,
of unbound copies of those decisions to be used as advance sheets and press
summaries, rules and other official judicial department publications. The bound
volumes of reports or advance sheets shall contain additional material as the
Supreme Court may direct.
     (2) The bound volumes of reports or
advance sheets or both may be printed and bound, as the Supreme Court shall
determine, by:
     (a) The Oregon Department of
Administrative Services in the same manner as other state printing; or
     (b) A private printer pursuant to a
contract entered into by the Supreme Court with the printer and not subject to
ORS 282.020.
     (3) The bound volumes of reports or
advance sheets or both may be distributed, as the Supreme Court shall
determine, by:
     (a) The State Court Administrator; or
     (b) A private distributor pursuant to a
contract entered into by the Supreme Court with the distributor.
     (4) The bound volumes of reports and
advance sheets shall be distributed without charge as determined by the Supreme
Court or sold by the distributor. Except as otherwise provided in a contract
entered into under subsection (3)(b) of this section, the State Court
Administrator shall determine sale prices and all moneys collected or received
from sales shall be paid into the Court Publications Account established by ORS
2.165.
     (5) In addition to bound volumes of
reports or advance sheets under the provisions of this section, the Supreme
Court may make any of the decisions of courts or other court publications
available in electronic format. Access to the electronic publications may be
without charge or subject to such charge as may be established by the Supreme
Court. All moneys collected or received from sales shall be paid into the Court
Publications Account established by ORS 2.165. [Amended by 1961 c.103 §1; 1973
c.781 §2; 1975 c.69 §5; 1979 c.876 §2; 1982 s.s.1 c.7 §1; 1987 c.328 §1; 1993
c.98 §10; 1995 c.79 §2; 1997 c.801 §111]
     2.160 [Amended by 1961 c.103 §2; 1971 c.193 §10;
1973 c.781 §3; 1975 c.69 §6; repealed by 1979 c.976 §4]
     2.165
Court Publications Account.
There is established in the General Fund an account to be known as the Court
Publications Account. All moneys in the account are appropriated continuously
to the Supreme Court for the purpose of paying expenses incurred by the court
under ORS 2.150 and for the purpose of paying all or part of the expenses of
providing electronic access to State of
     2.170 [1967 c.398 §9(1),(2); 1971 c.193 §11; 1975
c.69 §7; repealed by 1979 c.976 §4]
     2.310 [1953 c.34 §1; repealed by 1959 c.552 §16]
     2.320 [1953 c.34 §4; 1955 c.437 §1; repealed by
1959 c.552 §16]
     2.330 [1953 c.34 §§2,3,7; repealed by 1959 c.552 §16]
     2.340 [1953 c.34 §5; repealed by 1959 c.552 §16]
     2.350 [1959 c.552 §2; renumbered 8.060]
COURT OF
APPEALS
     2.510
Court of Appeals. As part of
the judicial branch of state government, there is created a court of justice to
be known as the Court of Appeals. [1969 c.198 §1; 1969 c.591 §262a; 1971 c.567 §1;
1971 c.734 §33; 1975 c.611 §22; 1977 c.158 §4]
     2.515 [1969 c.198 §77; repealed by 1977 c.158 §5]
     2.516
Jurisdiction of all appeals exclusive; exceptions. Except where original jurisdiction is
conferred on the Supreme Court by the Oregon Constitution or by statute and
except as provided in ORS 19.405 and 138.255, the Court of Appeals shall have
exclusive jurisdiction of all appeals. [1977 c.158 §2; 1981 c.550 §5]
     2.520
Procedure for review of decisions of Court of Appeals. Any party aggrieved by a decision of the
Court of Appeals may petition the Supreme Court for review within 35 days after
the date of the decision, in such manner as provided by rules of the Supreme
Court. [1969 c.198 §2; 1973 c.516 §1; 1983 c.774 §2]
     2.530 [1969 c.198 §3; repealed by 1977 c.158 §5]
     2.540
Number of judges of Court of Appeals; qualifications; term. (1) The Court of Appeals shall consist of 10
judges.
     (2) A judge of the Court of Appeals shall
be an elector of the county of the residence of the judge and be admitted to
the practice of law in this state.
     (3) Each judge of the Court of Appeals
shall hold office for a term of six years and until a successor is elected and
qualified. [1969 c.198 §4; 1973 c.377 §1; 1977 c.451 §1]
     2.550
Chief Judge. (1) The Chief
Judge of the Court of Appeals shall be a judge of the court appointed as
provided in ORS 1.003.
     (2) The Chief Judge may designate another
judge of the court to perform the functions of the office of Chief Judge when
the Chief Judge is temporarily unable to perform those functions.
     (3) The Chief Judge, to facilitate
exercise of administrative authority and supervision over the court and
consistent with applicable provisions of law, may make rules, issue orders and
take other action appropriate to that exercise. [1969 c.198 §5; 1981 s.s. c.1 §7]
     2.560
Rules; where court sits; appellate mediation program. (1) The Court of Appeals shall sit primarily
in
     (2) The Court of Appeals may make and
enforce all rules necessary for the prompt and orderly dispatch of the business
of the court, and the remanding of causes to the lower courts, and not
inconsistent with applicable rules made or orders issued by the Chief Justice
of the Supreme Court or the Chief Judge of the Court of Appeals.
     (3) The Court of Appeals shall establish
an appellate mediation program and make and enforce all rules necessary for the
prompt and orderly dispatch of the business of the program. The parties to the
appeal shall pay the fees of a mediator providing services under the program,
unless those fees are waived or deferred by the Court of Appeals. [1969 c.198 §7;
1971 c.193 §7; 1973 c.484 §2; 1981 s.s. c.1 §20; 1983 c.763 §4; 1997 c.801 §87]
     2.565
Appellate Mediation Program Revolving Account. The Appellate Mediation Program Revolving
Account is established within the General Fund. The Judicial Department shall
pay into the State Treasury $40 of each filing fee paid by petitioners under
the provisions of ORS 21.010, and $24 of each filing fee paid by respondents
under the provisions of ORS 21.010. The State Treasurer shall deposit the
moneys in the General Fund to the credit of the Appellate Mediation Program
Revolving Account. The moneys in the account are appropriated continuously to
the Judicial Department, and may be used only for the purpose of administering
the appellate mediation program established under the provisions of ORS 2.560,
including payment of administrative costs and costs of providing mediation
services to indigent parties. [1997 c.801 §88]
     2.570
Departments of court; sitting in departments or en banc; participation in
decision of matter. (1) In
hearing and determining causes, the judges of the Court of Appeals may sit
together or in departments.
     (2) A department shall consist of three judges.
For convenience of administration, each department may be numbered. The Chief
Judge shall from time to time designate the number of departments and make
assignments of the judges among the departments. The Chief Judge may sit in one
or more departments and when so sitting may preside. The Chief Judge shall
designate a judge to preside in each department.
     (3) The majority of any department shall
consist of regularly elected or appointed judges of the Court of Appeals.
However, if disqualifications, recusals or other events reduce the number of
available judges to fewer than three, the Supreme Court may appoint such number
of qualified persons as may be necessary as pro tempore members of the Court of
Appeals.
     (4) The Chief Judge shall apportion the business
of the court between the departments. Each department shall have power to hear
and determine causes, and all questions that may arise therein, subject to
subsection (5) of this section. The presence of three judges is necessary to
transact business in any department, except such business as may be transacted
in chambers by any judge. The concurrence of two judges is necessary to
pronounce judgment.
     (5) The Chief Judge or a majority of the
regularly elected or appointed judges of the Court of Appeals at any time may
refer a cause to be considered en banc. When sitting en banc, the court may
include not more than two judges pro tempore of the Court of Appeals. When the
court sits en banc, the concurrence of a majority of the judges participating
is necessary to pronounce judgment, but if the judges participating are equally
divided in their view as to the judgment to be given, the judgment appealed
from shall be affirmed.
     (6) The Chief Judge may rule on motions
and issue orders in procedural matters in the Court of Appeals.
     (7) A judge or judge pro tempore of the
Court of Appeals may participate in the decision of the matter without
resubmission of the cause even though the judge is not present for oral
argument on the matter.
     (8) A judge or judge pro tempore of the
Court of Appeals may participate in the decision of a matter without
resubmission of the cause in the following circumstances:
     (a) The judge was appointed or elected to
the Court of Appeals after submission of the cause.
     (b) The judge is participating in the
decision of a cause that was submitted to a department, and the judge is
participating in lieu of a judge of the department who has died, become
disabled, is disqualified or is otherwise unable to participate in the decision
of a cause submitted to the department.
     (c) The judge is considering a cause en
banc, but the judge was not part of the department that originally considered
the cause. [1969 c.198 §6; 1973 c.108 §1; 1985 c.734 §1; 1989 c.124 §3; 1999
c.59 §2; 1999 c.659 §2; 2003 c.14 §5; 2007 c.547 §13]
     2.580 [1969 c.198 §8; renumbered 2.145]
     2.590
Expenses for judges when away from state capital. When a judge of the Court of Appeals holds
court or performs any other official function away from the state capital,
hotel bills and traveling expenses necessarily incurred by the judge in the
performance of that duty shall be paid by the state. Such expenses are to be
paid upon the certificate of the judge to the truth of an itemized statement of
the expenses in the manner provided by law. [1969 c.198 §10]
     2.600 [1969 c.198 §30; repealed by 1975 c.706 §10]
ALTERNATIVE
DISPUTE RESOLUTION
     2.700
Liability of persons providing dispute resolution services. In any program established by the Oregon
appellate courts to promote settlement of cases that have been filed with that
court, persons assigned to a case through the program to assist and facilitate
in working toward a settlement for the case are immune from civil liability for
or resulting from any act or omission done or made while engaged in efforts to
assist or facilitate a settlement, unless the act or omission was made or done
in bad faith, with malicious intent or in a manner exhibiting a willful, wanton
disregard of the rights, safety or property of another. [1995 c.678 §3]
_______________
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